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1. INTRODUCTION
This website is owned and operated by Pixel by Pixel Studios ("PBPS"), a company registered in Canada. Our registered office may be found in Toronto, Canada.
2. DEFINITIONS
"PBPS Product(s)" is used as shorthand for our online games including all PBPS websites used to play those games and products published by PBPS on behalf of third parties. THE ONGOING SUPPLY OF ANY PARTICULAR PBPS PRODUCT IS NOT GUARANTEED. SOME PBPS PRODUCTS HAVE AGE RESTRICTIONS.
References to "Stopping" or to "Stop" an account includes temporarily or permanently banning an account. If your account is banned, you will not be able to access your account and any licenses previously granted to you to use PBPS Products will be revoked. This means you will lose your account, characters and any in-game items or currency. Subscription credit continues to expire if accounts are Stopped. More information about when PBPS may Stop your account can be found in section 12 of these terms and conditions.
"User Content" means all information of any kind (including text, images, video, information and messages) uploaded or sent by users on or in connection with PBPS Products. PBPS Products may include social elements which permit players to come into contact with and chat to other players. Messages exchanged between players, whether in private in-game messaging or public forums, are included within this definition of User Content.
"Virtual Currencies" is used to describe the in-game currencies that can be purchased in certain PBPS Products. More information about Virtual Currencies can be found in section 14 of these terms and conditions.
Other terms are defined in context below.
3. APPLICABILITY OF THE TERMS AND CONDITIONS
Please read these terms and conditions carefully. It is a condition of your use of a PBPS Product that you accept these terms and conditions in full. If you don't agree with any part, please do not use the PBPS Product.
4. CHANGES TO THE TERMS AND CONDITIONS
We may change these terms and conditions to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations to PBPS Products; and (e) to improve clarity and consistency.
Please check the terms and conditions whenever you use a PBPS Product. We will treat your continued use of a PBPS Product as acceptance of these changes from their effective date (as shown above). If you do not agree with the changes you should not use the PBPS Product.
5. PRETEENS AND USERS UNDER 18
Some PBPS Products may have age restrictions which prevent users under 13 creating an account. If a PBPS Product is not subject to age restrictions, a user under 13 may create an account. However, they must get consent from their parents/guardians to use the PBPS Product in accordance with our terms and conditions and privacy policy. We may Stop any account if we are not satisfied that such consent has been given or that such consent does not comply with local laws regarding users who are under 13 years of age.
We do not knowingly collect or store any personally identifiable information from children under 13. If we find out that any personally identifiable information we have collected is from someone under 13, we will automatically delete it, and we may Stop the account. For further information, please refer to our Privacy Policy
We recommend that parents/guardians should play together with their children who are under the age of 13.
If you are under 18, by using our website you are representing (i.e. making a promise) that you have consent from your parents/guardian to use PBPS Products in accordance with our terms and conditions and privacy policy. We may Stop any account if we are not satisfied that such consent has been given.
If we are told by a parent/guardian that their child has lied about their age when registering for PBPS Products, we will Stop the account provided we have information which satisfies us that the reporting person is indeed the parent or guardian of that child.
Parents can find more information about PBPS Products and how to contact us here.
6. SAFETY AND ABUSE
Before using any PBPS Product you should read the safety information. Parents of those under 18 should also review this information.
We are under no obligation to (and do not) monitor User Content. You should be aware of the potential risks of using a service which includes extensive User Content. User Content may be inaccurate, out of date or otherwise inappropriate. We cannot guarantee that users will comply with our terms and conditions, rules or otherwise behave appropriately. You should not assume that a person is who he or she claims to be. In your own interests, you should not attempt to contact any user outside a PBPS Product.
If you are the victim of offensive or inappropriate behavior or receive any other unwanted communications, you should report such inappropriate behavior to us as well as seeking appropriate external help, for example from parents or law enforcement authorities. If you continue to suffer problems, or are not satisfied, then you must stop using the relevant PBPS Product(s).
7. YOUR ACCOUNT AND LICENSE
To use many features of PBPS Products, we require you to create an account and, in relation to some PBPS Products, download client software. We grant valid account holders a non-exclusive, non-transferable, personal, limited license, which can be revoked at any time, to use PBPS Products, to download and use our client software and to connect to our servers solely to use PBPS Products for non-commercial purposes in accordance with these terms and conditions. THE PBPS PRODUCTS AND ANY ASSOCIATED SOFTWARE ARE LICENSED, NOT SOLD. YOUR LICENSE CONFERS NO TITLE OR OWNERSHIP TO THE PBPS PRODUCTS OR SOFTWARE.
When setting up an account for a PBPS Product, you may be asked to choose a username. You must not choose a username that infringes the rights of any third party, impersonates PBPS staff or other users, which is deliberately confusing, offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified on the website or in the rules of the PBPS Product. We reserve the right to make such assessment in our sole discretion, change any username for any reason or take such other action as we believe appropriate.
You agree to keep your passwords safe at all times and not to disclose it to any other person. You are responsible for the activities of all persons who use your passwords to gain access to your account. To help ensure the safety of your passwords, you must keep your computer free of viruses and other malicious code including Trojans, worms, time bombs, malware and spyware. You must use your passwords in accordance with the password requirements specified on the website or in the rules of the PBPS Product. Real PBPS staff will never ask you for your passwords.
If you believe that someone has stolen your passwords or otherwise gained access to your account, you should submit an account recovery request.
8. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
Pixel By Pixel Studios ® and Marbles on Stream ® are registered and/or unregistered trademarks of PBPS Limited in Canada, the United States and other countries. All third party trademarks are the property of their respective owners.
You must not reverse-engineer, decompile or modify any PBPS Product client software in any way (except to the extent allowed by applicable law). You must not use a modified/customized version of the client software or attempt to copy, transfer or sub-license it. You must not create or provide any other means by which any PBPS Product may be played by others (including, without limitation, replacement or modified client/server software or server emulators). Please note that any such activity may constitute civil wrongs and/or criminal offences, and we reserve the right to take such action as appropriate in the circumstances should we become aware that such offences are being committed.
Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any PBPS Product by us, or on our behalf, are protected by our (or our business partners/suppliers/advertisers or licensors) copyright and other intellectual property rights. You may not use these materials or any PBPS Product except in accordance with these terms and conditions and for personal (i.e. non-commercial) use only.
All intellectual property or other rights in any game character, account, content, virtual currency and virtual items in the PBPS Products are and will remain the property of PBPS and/or its licensors. You are only granted limited permission (which can be revoked at any time) to use such content or PBPS Product, subject to and in accordance with these terms and conditions.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE OR OTHER PROPERTY INTEREST IN ANY PBPS PRODUCT OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PBPS.
PBPS does not recognize any purported: (a) transfers of virtual items or virtual currency which take place outside the rules of a PBPS Product; (b) transfers of accounts; or (c) sale, gift or trade in the real or digital world of anything that appears or originates in a PBPS Product.
PBPS reserves the right to stop offering a PBPS Product or a particular part of a PBPS Product at any time either permanently or temporarily, at which point any license granted to you to use the PBPS Product or a part thereof will be automatically terminated or suspended. In such event, PBPS shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the PBPS Product unless required by law.
9. RULES
You must comply with the current version of any rules, guidelines, codes of conduct or instructions specified in any PBPS Product including our game rules, the current version of which is linked to here. The applicable game rules are expressly incorporated into these terms and conditions. Any use of a PBPS Product not in accordance with the game rules exceeds the scope of the license granted by these terms and conditions and is prohibited.
10. USER CONTENT
You will comply with and be bound by the policies and rules of a PBPS Product relating to User Content, including our content standards policy as set out in section 11 below.
We reserve the right, without notice or refund, to record, suspend, remove or delete User Content or to disclose to the relevant authorities any User Content if: (a) it is the subject of a complaint; (b) if we consider that it breaches our terms and conditions (including our content standards policy) or the rules of a PBPS Product; (c) if we consider that such steps are necessary to protect us or others; (d) a criminal act or civil wrong has been committed; or (e) we are required to do so by law or an appropriate authority.
If you believe that any material appearing on a PBPS product constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Website,
Your full name, address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement on the Website can be reached as follows:
Copyright Agent:
D. Noah Cheely Downs
McDonald, Sutton & DuVal, PLC
ndowns@mcdonaldsutton.com
11. CONTENT STANDARDS POLICY
This content standards policy sets out our requirements which apply to your User Content. This policy applies in addition to web page specific User Content policies, such as any policies on public posts, in-game chat and private messaging or other policies on our websites from time to time.
In addition to agreeing to comply with the letter of this policy, you also undertake to comply with the spirit behind it. You must not encourage or assist any other user to breach this policy. You are solely responsible for your User Content including any User Content you place on any wiki or forum.
User Content:
Must:
be accurate, complete, uploaded or sent in good faith and compliant with all applicable laws, regulations and codes of conduct; and
only be uploaded or sent if you own the rights in such content, have appropriate permission from the rights owner, or are otherwise authorized by law.
Must Not:
be obscene, hateful, inflammatory, threatening, harassing, sexually explicit or deceptive or fraudulent in anyway;
promote violence or discrimination, promote or endorse any illegal activity or otherwise be objectionable;
be defamatory or an invasion of an individual's right to privacy;
infringe the intellectual property or other rights of any third party, including copyrights, trademarks, database rights, any rights of confidentiality or any similar rights;
attempt to or purport to impersonate any person or misrepresent your identity, affiliation or connection to any other person;
include hyperlinks or connections to third party websites;
contain viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software, hardware or network;
reveal details that enable you or anyone else to be identified or contacted outside of the game (e.g. last name, postal/email address or telephone number);
have any commercial purpose; and
involve junk mail, spam, pyramid selling or similar schemes.
You agree that by submitting any material of any kind to us (including but not limited to posting chat) for any purpose connected with any PBPS Product (for examples, suggestions and ideas for any game or contributions to any gallery page), you are giving us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, provided that PBPS may not use User Content in violation of the Privacy Policy. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you warrant that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
12. PBPS STOPPING YOUR ACCOUNT
If, acting reasonably, we consider that:
our terms and conditions or any PBPS Product rules - have or may have been breached;
there has been fraudulent, unlawful or abusive activity; or
it is necessary in order to prevent or stop any harm or damage to us, to any PBPS Product, to other players or the general public
We may at any time: (i) Stop (as defined above) any or all accounts for PBPS Products; (ii) restrict access to any content-uploading or other feature of our service; and/or (iii) restrict access to or delete virtual currency or anything acquired by means of virtual currency. These actions may result in loss of real money paid in prohibited transactions, such as account trading. If we take any of the above action, you may have a right of appeal.
WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY PBPS PRODUCT. UPON REASONABLE NOTICE TO YOU, PBPS MAY DEACTIVATE ANY ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.
13. SUBSCRIPTION AND CANCELLATIONS
You may need a subscription to use certain features of PBPS Products. If you apply for a subscription, you must ensure all the information that you submit is true and accurate (including, without limitation, your credit/debit card number and expiration date, and other payment details) and that you have appropriate parental or guardian consent if you are under 18 years of age. You agree to pay all subscription fees specified when you apply including all applicable taxes. Unless otherwise stated, all prices shown for EU countries include VAT.
By submitting your order you are making an offer to subscribe to the relevant part of the PBPS Product(s). Your offer is accepted and a binding contract occurs when: (i) we send a message to your account mail inbox confirming that your payment has been received, or (ii) you log into a subscribers-only part of a PBPS Product (whichever comes first).
ALL SUBSCRIPTION PAYMENTS WILL CONTINUE TO BE TAKEN IN ADVANCE AT THE RELEVANT INTERVALS (E.G. MONTHLY IN THE CASE OF MONTHLY SUBSCRIPTIONS) UNTIL YOU CANCEL YOUR SUBSCRIPTION (READ MORE ABOUT CANCELLING YOUR SUBSCRIPTION BELOW).
Payments by credit/debit cards may also subject to a credit card agreement.
We reserve the right to alter the amount or terms of our subscription fees at any time. This will only apply to those who, following the change, take out new subscriptions or re-subscribe (their previous subscriptions having expired) and specifically agree to the new fees/terms.
We reserve the right to charge you for any unauthorized use of your subscription by third parties.
Cancelling your subscription
You may cancel your subscription at any time by visiting the account management section on the website of the PBPS Product.
Upon cancellation you will not be charged any further subscription fees. No payments already made in respect of subscriptions or virtual currencies or items will be refunded (wholly or partly) but you can of course use up any unused subscription credit in the account.
14. VIRTUAL CURRENCIES, MICRO-GAME CREDITS AND VIRTUAL ITEMS
In certain PBPS Products, we offer for sale (or in our sole discretion, as free promotions): (i) Virtual Currencies, and (ii) credits that can be redeemed to play micro-games ( "Micro-Game Credits"). Virtual Currencies and Micro-Game Credits can be redeemed (i.e. used) to acquire certain digital goods/services, which we describe below as "Items". If you obtain Virtual Currency or Micro-Game Credits from PBPS, you must check that they have been correctly credited to your account and tell us immediately if not.
PLEASE TAKE NOTE that Virtual Currencies and Micro-Game Credits are subject to very important restrictions:
Virtual Currency and Micro-Game Credits may expire if they have not been redeemed within a certain period after acquisition, so you should redeem these as soon as possible. The expiry period is whatever we specify when you acquire the Virtual Currency or Micro-Game Credits or, if we haven't specified a time limit, twelve months from acquisition.
Unless we say otherwise on our website, Virtual Currency and Micro-Game Credits can only be redeemed within the world of the game where you acquired them. Each PBPS Product may contain one or more Virtual Currencies or Micro-Game Credits and unless otherwise stated, each Virtual Currency or Micro-Game Credit is independent and is not exchangeable for any other Virtual Currency or Micro-Game Credit in the same PBPS Product. WE MAY AT ANY TIME IN OUR SOLE DISCRETION CHANGE OR REMOVE ANY ITEM WHICH CAN BE ACQUIRED USING VIRTUAL CURRENCY OR MICRO-GAME CREDITS, AS WELL AS CHANGE THE AMOUNT OF VIRTUAL CURRENCY OR MICRO-GAME CREDITS NEEDED TO ACQUIRE A PARTICULAR ITEM. You may only redeem Virtual Currency or Micro-Game Credits for Items on offer at the time of redemption.
Virtual Currency and Micro-Game Credits do not have any inherent value and are not your own private property. When you purchase or receive Virtual Currency or Micro-Game Credits, you do not own the Virtual Currency or Micro-Game Credits. Instead they constitute a measurement of the extent of your license in a PBPS Product. Similarly, any Virtual Currency or Micro-Game Credits balance shown in your account does not constitute a real world balance or reflect any stored monetary value.
We do not provide any cash or refunds for Virtual Currency, Micro-Game Credits or Items (except as required by law) and Virtual Currency, Micro-Game Credits and Items do not have any real world monetary value. Virtual Currency or Micro-Game Credits are for your personal use only. You must not sell or transfer them or make them available to anyone else or attempt to do so, or encourage anyone else to do any of these things. Virtual Currency, Micro-Game Credits and Items can never be redeemed for real world money, goods or any other item of monetary value, and cannot be inherited. We may impose additional restrictions concerning the acquisition or redemption of Virtual Currency, Micro-Game Credits and Items. For example, we may cap the amount of Virtual Currency or Micro-Game Credits which can be acquired, held or redeemed in any particular period or we may impose restrictions based on your country of residence. CERTAIN ITEMS MAY ALSO ONLY BE AVAILABLE TO SUBSCRIBERS.
FOR THE AVOIDANCE OF DOUBT, VIRTUAL CURRENCY AND MICRO-GAME CREDITS HAVE NO CASH VALUE, DO NOT ACCRUE INTEREST AND, UNLESS OTHERWISE REQUIRED BY LAW, ARE NOT REDEEMABLE OR REFUNDABLE FOR ANY SUM OF MONEY OR MONETARY VALUE FROM PBPS AT ANY TIME.
PBPS reserves the right to restrict access to, delete, reduce or liquidate Virtual Currency or Micro-Game Credits: (1) if you have misused the Virtual Currency or Micro-Game Credits or breached any of these terms and conditions; (2) if the Virtual Currency or Micro-Game Credits were awarded in error; (3) if a payment for Virtual Currency or Micro-Game Credits is charged back or otherwise cancelled or reversed; or (4) if you have used Virtual Currency or Micro-Game Credits to conduct any fraudulent or illegal activity.
PBPS reserves the right to restrict access to or delete Items: (1) if you have misused the Items or breached any of these terms and conditions; (2) if the Items were purchased using Virtual Currency or Micro-Game Credits awarded in error; or (3) if a payment for Virtual Currency or Micro-Game Credits used to purchase the Items is charged back or otherwise cancelled or reversed. In addition, Items that have been acquired by the redemption of Virtual Currency or Micro-Game Credits may expire after a period of time, which by default shall be twelve months from acquisition. In addition, Items may have particular restrictions, or be consumed or extinguished in the course of your use of a PBPS Product.
WE MAY AT ANY TIME DECIDE TO END IN PART OR ITS ENTIRETY THE VIRTUAL CURRENCY OR MICRO-GAME CREDITS PROGRAM FOR ALL OR ANY OF OUR PBPS PRODUCTS. BEFORE WE DELETE THE UNUSED VIRTUAL CURRENCY OR MICRO-GAME CREDITS, WE WILL ENDEAVOUR TO CONTACT YOU TO GIVE AT LEAST FOUR WEEKS TO REDEEM THEM.
IF YOUR ACCOUNT FOR A PBPS PRODUCT REMAINS DORMANT (I.E. IS NOT USED) FOR MORE THAN 12 MONTHS, AND THERE IS UNREDEEMED VIRTUAL CURRENCY OR MICRO-GAME CREDITS ASSOCIATED WITH YOUR ACCOUNT, WE MAY CHOOSE TO CREDIT YOUR ACCOUNT WITH ITEMS OF EQUIVALENT VALUE FOR THIS EXPIRED VIRTUAL CURRENCY OR MICRO-GAME CREDITS. WE WILL ENDEAVOUR TO CONTACT YOU BY EMAIL PRIOR TO SUCH ACTION BEING TAKEN.
15. REFUND POLICY
We are happy to review requests for refunds on a case by case basis. However, refunds are not always possible to give for many reasons.
Unless required by law, we will not refund any amounts paid in relation to subscriptions, Micro-Game Credits, or Virtual Currency when:
You have been banned from a PBPS Product for violating these terms and conditions, any rules of a PBPS Product or the user content policy.
PBPS stops offering the PBPS Product or you decide to cancel your subscription or account.
If, after reading the above, you wish to request that we consider a refund, then please visit the Support section of the applicable PBPS Product website for assistance, providing as much information as possible. Please note, refunds are given at the sole discretion of PBPS.
Please also review our "Cancellation Policy" which can be found by clicking here, which is incorporated into these terms and conditions.
16. FUNCTIONING OF PBPS PRODUCTS
We will use reasonable endeavors to maintain operation of PBPS Products and rectify faults as quickly as possible. PBPS reserves the right to modify, including by way of regular updates, the PBPS Products and we may have to suspend operation of a PBPS Product without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside our reasonable control.
We cannot guarantee that PBPS Products will work with any particular computer equipment or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services.
Minimum technical specs and compatibility information is available on the websites of the PBPS Products. We cannot guarantee the ongoing supply of any particular PBPS Product.
17. THIRD PARTY SITES AND TECHNOLOGIES
ALL SECTIONS OF THIS AGREEMENT ARE IMPORTANT, BUT APPARENTLY SOME PARTS ARE MORE IMPORTANT THAN OTHERS. THEREFORE, A STRANGE TRADITION HAS DEVELOPED WHEREIN CERTAIN PARTS OF CONTRACTS AND AGREEMENTS ARE TYPED IN ALL CAPS TO BE APPARENT AND CONSPICUOUS. MODERN DIGITAL ETIQUETTE WOULD INDICATE THAT ALL CAPS MEANS WE’RE YELLING AT YOU. BE ASSURED WE’RE NOT YELLING AT YOU, AS YOU’RE PROBABLY A VERY ADEQUATE PERSON WHO SHOULD NOT BE YELLED AT. WE JUST WANT TO MAKE SURE THAT YOU READ THIS VERY IMPORTANT SECTION. (Also, be sure to read all the sections of this Agreement.)
PBPS PRODUCTS MAY INCLUDE LINKS TO INTERNET SITES OR OTHER TECHNOLOGIES SUPPLIED BY THIRD PARTIES INCLUDING SITES/TECHNOLOGIES WHICH ENABLE YOU TO PAY BY MEANS OF PAYMENT METHODS PROVIDED BY THIRD PARTIES. WE MAKE NO PROMISES ABOUT THOSE SITES OR THEIR CONTENT, PRODUCTS OR SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL.
ANY THIRD PARTY SITES OR TECHNOLOGIES SUGGESTED ARE NOT ENDORSED, CONTROLLED OR VERIFIED BY PBPS. PBPS DOES NOT GUARANTEE THAT ANY SUGGESTED TECHNOLOGIES WILL WORK ON YOUR COMPUTER OR BE VIRUS FREE. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND PBPS IS NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THE SUGGESTED SITES OR TECHNOLOGIES. PBPS WILL NOT PROVIDE SUPPORT FOR ANY SITES OR TECHNOLOGIES WHICH ARE NOT ITS OWN. PBPS EXERCISES NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED SITES OR TECHNOLOGIES.
18. LEGAL RESPONSIBILITY
PBPS PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE A PBPS PRODUCT AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT A PBPS PRODUCT WILL BE UNINTERRUPTED OR FREE OF ERRORS. ACCORDINGLY, PBPS IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OF THE PBPS PRODUCT OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE PBPS PRODUCT.
PBPS EXPRESSLY DISCLAIMS LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES OR AGENTS IN CIRCUMSTANCES WHERE (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES OR AGENTS; (B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR (C) SUCH LOSS OR DAMAGE RELATES TO A BUSINESS. BY USING A PBPS PRODUCT OR SERVICES OFFERED BY PBPS, YOU AGREE TO WAIVE ANY LEGAL DUTY OF CARE OWED TO YOU BY PBPS, TO THE MAXIMUM EXTENT ALLOWED BY LAW.
THE MAXIMUM LIABILITY OF PBPS TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH A PBPS PRODUCT OR THESE TERMS SHALL NOT EXCEED THE AMOUNT THAT YOU PAID TO PBPS DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION AROSE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT PBPS'S LIABILITY FOR ANY LOSS OR DAMAGE, TO THE EXTENT THAT SUCH LIABILITY CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.
YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF A PBPS PRODUCT.
NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
19. GENERAL
These terms and conditions and any document incorporated by reference constitutes the entire agreement between the parties with respect to its subject matter and supersedes any previous terms and conditions between the parties in relation to such matters.
The limitations, exclusions and restrictions in these terms and conditions shall inure to the benefit of PBPS's licensors, successor and assigns.
Headings above are for guidance only and not binding.
If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion.
If any provision of these terms and conditions is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect.
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement.
These terms and conditions are governed by Canadian law and any dispute connected with them or PBPS Products will be decided only by the courts of Canada.
You agree that PBPS may transfer your information from the country in which you are using the PBPS Product to Canada. Also, bonjour/gutentag/nei ho/jambo/hola, neighbor.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on a PBPS Product will govern the items to which they pertain. However, additional terms shall not supersede this Agreement if in conflict.
PBPS reserves the right to revise this Agreement at any time, by updating this posting, with no further notice to you.
20. COMPLAINTS
If you are dissatisfied with this website or any aspect of it, please contact us via the customer support section of the PBPS Product website. If you are unhappy with the outcome of your complaint, please write to our registered office above providing us with the following information: your name, username, email address, the full details of your complaint, PBPS’s previous response to your complaint and why you disagree with the outcome. Please mark the letter for the attention of the “Customer Support Complaints Team” or info@pixelbypixelstudios.
This website is owned and operated by Pixel by Pixel Studios ("PBPS"), a company registered in Canada. Our registered office may be found in Toronto, Canada.
2. DEFINITIONS
"PBPS Product(s)" is used as shorthand for our online games including all PBPS websites used to play those games and products published by PBPS on behalf of third parties. THE ONGOING SUPPLY OF ANY PARTICULAR PBPS PRODUCT IS NOT GUARANTEED. SOME PBPS PRODUCTS HAVE AGE RESTRICTIONS.
References to "Stopping" or to "Stop" an account includes temporarily or permanently banning an account. If your account is banned, you will not be able to access your account and any licenses previously granted to you to use PBPS Products will be revoked. This means you will lose your account, characters and any in-game items or currency. Subscription credit continues to expire if accounts are Stopped. More information about when PBPS may Stop your account can be found in section 12 of these terms and conditions.
"User Content" means all information of any kind (including text, images, video, information and messages) uploaded or sent by users on or in connection with PBPS Products. PBPS Products may include social elements which permit players to come into contact with and chat to other players. Messages exchanged between players, whether in private in-game messaging or public forums, are included within this definition of User Content.
"Virtual Currencies" is used to describe the in-game currencies that can be purchased in certain PBPS Products. More information about Virtual Currencies can be found in section 14 of these terms and conditions.
Other terms are defined in context below.
3. APPLICABILITY OF THE TERMS AND CONDITIONS
Please read these terms and conditions carefully. It is a condition of your use of a PBPS Product that you accept these terms and conditions in full. If you don't agree with any part, please do not use the PBPS Product.
4. CHANGES TO THE TERMS AND CONDITIONS
We may change these terms and conditions to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations to PBPS Products; and (e) to improve clarity and consistency.
Please check the terms and conditions whenever you use a PBPS Product. We will treat your continued use of a PBPS Product as acceptance of these changes from their effective date (as shown above). If you do not agree with the changes you should not use the PBPS Product.
5. PRETEENS AND USERS UNDER 18
Some PBPS Products may have age restrictions which prevent users under 13 creating an account. If a PBPS Product is not subject to age restrictions, a user under 13 may create an account. However, they must get consent from their parents/guardians to use the PBPS Product in accordance with our terms and conditions and privacy policy. We may Stop any account if we are not satisfied that such consent has been given or that such consent does not comply with local laws regarding users who are under 13 years of age.
We do not knowingly collect or store any personally identifiable information from children under 13. If we find out that any personally identifiable information we have collected is from someone under 13, we will automatically delete it, and we may Stop the account. For further information, please refer to our Privacy Policy
We recommend that parents/guardians should play together with their children who are under the age of 13.
If you are under 18, by using our website you are representing (i.e. making a promise) that you have consent from your parents/guardian to use PBPS Products in accordance with our terms and conditions and privacy policy. We may Stop any account if we are not satisfied that such consent has been given.
If we are told by a parent/guardian that their child has lied about their age when registering for PBPS Products, we will Stop the account provided we have information which satisfies us that the reporting person is indeed the parent or guardian of that child.
Parents can find more information about PBPS Products and how to contact us here.
6. SAFETY AND ABUSE
Before using any PBPS Product you should read the safety information. Parents of those under 18 should also review this information.
We are under no obligation to (and do not) monitor User Content. You should be aware of the potential risks of using a service which includes extensive User Content. User Content may be inaccurate, out of date or otherwise inappropriate. We cannot guarantee that users will comply with our terms and conditions, rules or otherwise behave appropriately. You should not assume that a person is who he or she claims to be. In your own interests, you should not attempt to contact any user outside a PBPS Product.
If you are the victim of offensive or inappropriate behavior or receive any other unwanted communications, you should report such inappropriate behavior to us as well as seeking appropriate external help, for example from parents or law enforcement authorities. If you continue to suffer problems, or are not satisfied, then you must stop using the relevant PBPS Product(s).
7. YOUR ACCOUNT AND LICENSE
To use many features of PBPS Products, we require you to create an account and, in relation to some PBPS Products, download client software. We grant valid account holders a non-exclusive, non-transferable, personal, limited license, which can be revoked at any time, to use PBPS Products, to download and use our client software and to connect to our servers solely to use PBPS Products for non-commercial purposes in accordance with these terms and conditions. THE PBPS PRODUCTS AND ANY ASSOCIATED SOFTWARE ARE LICENSED, NOT SOLD. YOUR LICENSE CONFERS NO TITLE OR OWNERSHIP TO THE PBPS PRODUCTS OR SOFTWARE.
When setting up an account for a PBPS Product, you may be asked to choose a username. You must not choose a username that infringes the rights of any third party, impersonates PBPS staff or other users, which is deliberately confusing, offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified on the website or in the rules of the PBPS Product. We reserve the right to make such assessment in our sole discretion, change any username for any reason or take such other action as we believe appropriate.
You agree to keep your passwords safe at all times and not to disclose it to any other person. You are responsible for the activities of all persons who use your passwords to gain access to your account. To help ensure the safety of your passwords, you must keep your computer free of viruses and other malicious code including Trojans, worms, time bombs, malware and spyware. You must use your passwords in accordance with the password requirements specified on the website or in the rules of the PBPS Product. Real PBPS staff will never ask you for your passwords.
If you believe that someone has stolen your passwords or otherwise gained access to your account, you should submit an account recovery request.
8. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
Pixel By Pixel Studios ® and Marbles on Stream ® are registered and/or unregistered trademarks of PBPS Limited in Canada, the United States and other countries. All third party trademarks are the property of their respective owners.
You must not reverse-engineer, decompile or modify any PBPS Product client software in any way (except to the extent allowed by applicable law). You must not use a modified/customized version of the client software or attempt to copy, transfer or sub-license it. You must not create or provide any other means by which any PBPS Product may be played by others (including, without limitation, replacement or modified client/server software or server emulators). Please note that any such activity may constitute civil wrongs and/or criminal offences, and we reserve the right to take such action as appropriate in the circumstances should we become aware that such offences are being committed.
Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any PBPS Product by us, or on our behalf, are protected by our (or our business partners/suppliers/advertisers or licensors) copyright and other intellectual property rights. You may not use these materials or any PBPS Product except in accordance with these terms and conditions and for personal (i.e. non-commercial) use only.
All intellectual property or other rights in any game character, account, content, virtual currency and virtual items in the PBPS Products are and will remain the property of PBPS and/or its licensors. You are only granted limited permission (which can be revoked at any time) to use such content or PBPS Product, subject to and in accordance with these terms and conditions.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE OR OTHER PROPERTY INTEREST IN ANY PBPS PRODUCT OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PBPS.
PBPS does not recognize any purported: (a) transfers of virtual items or virtual currency which take place outside the rules of a PBPS Product; (b) transfers of accounts; or (c) sale, gift or trade in the real or digital world of anything that appears or originates in a PBPS Product.
PBPS reserves the right to stop offering a PBPS Product or a particular part of a PBPS Product at any time either permanently or temporarily, at which point any license granted to you to use the PBPS Product or a part thereof will be automatically terminated or suspended. In such event, PBPS shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the PBPS Product unless required by law.
9. RULES
You must comply with the current version of any rules, guidelines, codes of conduct or instructions specified in any PBPS Product including our game rules, the current version of which is linked to here. The applicable game rules are expressly incorporated into these terms and conditions. Any use of a PBPS Product not in accordance with the game rules exceeds the scope of the license granted by these terms and conditions and is prohibited.
10. USER CONTENT
You will comply with and be bound by the policies and rules of a PBPS Product relating to User Content, including our content standards policy as set out in section 11 below.
We reserve the right, without notice or refund, to record, suspend, remove or delete User Content or to disclose to the relevant authorities any User Content if: (a) it is the subject of a complaint; (b) if we consider that it breaches our terms and conditions (including our content standards policy) or the rules of a PBPS Product; (c) if we consider that such steps are necessary to protect us or others; (d) a criminal act or civil wrong has been committed; or (e) we are required to do so by law or an appropriate authority.
If you believe that any material appearing on a PBPS product constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Website,
Your full name, address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement on the Website can be reached as follows:
Copyright Agent:
D. Noah Cheely Downs
McDonald, Sutton & DuVal, PLC
ndowns@mcdonaldsutton.com
11. CONTENT STANDARDS POLICY
This content standards policy sets out our requirements which apply to your User Content. This policy applies in addition to web page specific User Content policies, such as any policies on public posts, in-game chat and private messaging or other policies on our websites from time to time.
In addition to agreeing to comply with the letter of this policy, you also undertake to comply with the spirit behind it. You must not encourage or assist any other user to breach this policy. You are solely responsible for your User Content including any User Content you place on any wiki or forum.
User Content:
Must:
be accurate, complete, uploaded or sent in good faith and compliant with all applicable laws, regulations and codes of conduct; and
only be uploaded or sent if you own the rights in such content, have appropriate permission from the rights owner, or are otherwise authorized by law.
Must Not:
be obscene, hateful, inflammatory, threatening, harassing, sexually explicit or deceptive or fraudulent in anyway;
promote violence or discrimination, promote or endorse any illegal activity or otherwise be objectionable;
be defamatory or an invasion of an individual's right to privacy;
infringe the intellectual property or other rights of any third party, including copyrights, trademarks, database rights, any rights of confidentiality or any similar rights;
attempt to or purport to impersonate any person or misrepresent your identity, affiliation or connection to any other person;
include hyperlinks or connections to third party websites;
contain viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software, hardware or network;
reveal details that enable you or anyone else to be identified or contacted outside of the game (e.g. last name, postal/email address or telephone number);
have any commercial purpose; and
involve junk mail, spam, pyramid selling or similar schemes.
You agree that by submitting any material of any kind to us (including but not limited to posting chat) for any purpose connected with any PBPS Product (for examples, suggestions and ideas for any game or contributions to any gallery page), you are giving us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, provided that PBPS may not use User Content in violation of the Privacy Policy. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you warrant that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
12. PBPS STOPPING YOUR ACCOUNT
If, acting reasonably, we consider that:
our terms and conditions or any PBPS Product rules - have or may have been breached;
there has been fraudulent, unlawful or abusive activity; or
it is necessary in order to prevent or stop any harm or damage to us, to any PBPS Product, to other players or the general public
We may at any time: (i) Stop (as defined above) any or all accounts for PBPS Products; (ii) restrict access to any content-uploading or other feature of our service; and/or (iii) restrict access to or delete virtual currency or anything acquired by means of virtual currency. These actions may result in loss of real money paid in prohibited transactions, such as account trading. If we take any of the above action, you may have a right of appeal.
WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY PBPS PRODUCT. UPON REASONABLE NOTICE TO YOU, PBPS MAY DEACTIVATE ANY ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.
13. SUBSCRIPTION AND CANCELLATIONS
You may need a subscription to use certain features of PBPS Products. If you apply for a subscription, you must ensure all the information that you submit is true and accurate (including, without limitation, your credit/debit card number and expiration date, and other payment details) and that you have appropriate parental or guardian consent if you are under 18 years of age. You agree to pay all subscription fees specified when you apply including all applicable taxes. Unless otherwise stated, all prices shown for EU countries include VAT.
By submitting your order you are making an offer to subscribe to the relevant part of the PBPS Product(s). Your offer is accepted and a binding contract occurs when: (i) we send a message to your account mail inbox confirming that your payment has been received, or (ii) you log into a subscribers-only part of a PBPS Product (whichever comes first).
ALL SUBSCRIPTION PAYMENTS WILL CONTINUE TO BE TAKEN IN ADVANCE AT THE RELEVANT INTERVALS (E.G. MONTHLY IN THE CASE OF MONTHLY SUBSCRIPTIONS) UNTIL YOU CANCEL YOUR SUBSCRIPTION (READ MORE ABOUT CANCELLING YOUR SUBSCRIPTION BELOW).
Payments by credit/debit cards may also subject to a credit card agreement.
We reserve the right to alter the amount or terms of our subscription fees at any time. This will only apply to those who, following the change, take out new subscriptions or re-subscribe (their previous subscriptions having expired) and specifically agree to the new fees/terms.
We reserve the right to charge you for any unauthorized use of your subscription by third parties.
Cancelling your subscription
You may cancel your subscription at any time by visiting the account management section on the website of the PBPS Product.
Upon cancellation you will not be charged any further subscription fees. No payments already made in respect of subscriptions or virtual currencies or items will be refunded (wholly or partly) but you can of course use up any unused subscription credit in the account.
14. VIRTUAL CURRENCIES, MICRO-GAME CREDITS AND VIRTUAL ITEMS
In certain PBPS Products, we offer for sale (or in our sole discretion, as free promotions): (i) Virtual Currencies, and (ii) credits that can be redeemed to play micro-games ( "Micro-Game Credits"). Virtual Currencies and Micro-Game Credits can be redeemed (i.e. used) to acquire certain digital goods/services, which we describe below as "Items". If you obtain Virtual Currency or Micro-Game Credits from PBPS, you must check that they have been correctly credited to your account and tell us immediately if not.
PLEASE TAKE NOTE that Virtual Currencies and Micro-Game Credits are subject to very important restrictions:
Virtual Currency and Micro-Game Credits may expire if they have not been redeemed within a certain period after acquisition, so you should redeem these as soon as possible. The expiry period is whatever we specify when you acquire the Virtual Currency or Micro-Game Credits or, if we haven't specified a time limit, twelve months from acquisition.
Unless we say otherwise on our website, Virtual Currency and Micro-Game Credits can only be redeemed within the world of the game where you acquired them. Each PBPS Product may contain one or more Virtual Currencies or Micro-Game Credits and unless otherwise stated, each Virtual Currency or Micro-Game Credit is independent and is not exchangeable for any other Virtual Currency or Micro-Game Credit in the same PBPS Product. WE MAY AT ANY TIME IN OUR SOLE DISCRETION CHANGE OR REMOVE ANY ITEM WHICH CAN BE ACQUIRED USING VIRTUAL CURRENCY OR MICRO-GAME CREDITS, AS WELL AS CHANGE THE AMOUNT OF VIRTUAL CURRENCY OR MICRO-GAME CREDITS NEEDED TO ACQUIRE A PARTICULAR ITEM. You may only redeem Virtual Currency or Micro-Game Credits for Items on offer at the time of redemption.
Virtual Currency and Micro-Game Credits do not have any inherent value and are not your own private property. When you purchase or receive Virtual Currency or Micro-Game Credits, you do not own the Virtual Currency or Micro-Game Credits. Instead they constitute a measurement of the extent of your license in a PBPS Product. Similarly, any Virtual Currency or Micro-Game Credits balance shown in your account does not constitute a real world balance or reflect any stored monetary value.
We do not provide any cash or refunds for Virtual Currency, Micro-Game Credits or Items (except as required by law) and Virtual Currency, Micro-Game Credits and Items do not have any real world monetary value. Virtual Currency or Micro-Game Credits are for your personal use only. You must not sell or transfer them or make them available to anyone else or attempt to do so, or encourage anyone else to do any of these things. Virtual Currency, Micro-Game Credits and Items can never be redeemed for real world money, goods or any other item of monetary value, and cannot be inherited. We may impose additional restrictions concerning the acquisition or redemption of Virtual Currency, Micro-Game Credits and Items. For example, we may cap the amount of Virtual Currency or Micro-Game Credits which can be acquired, held or redeemed in any particular period or we may impose restrictions based on your country of residence. CERTAIN ITEMS MAY ALSO ONLY BE AVAILABLE TO SUBSCRIBERS.
FOR THE AVOIDANCE OF DOUBT, VIRTUAL CURRENCY AND MICRO-GAME CREDITS HAVE NO CASH VALUE, DO NOT ACCRUE INTEREST AND, UNLESS OTHERWISE REQUIRED BY LAW, ARE NOT REDEEMABLE OR REFUNDABLE FOR ANY SUM OF MONEY OR MONETARY VALUE FROM PBPS AT ANY TIME.
PBPS reserves the right to restrict access to, delete, reduce or liquidate Virtual Currency or Micro-Game Credits: (1) if you have misused the Virtual Currency or Micro-Game Credits or breached any of these terms and conditions; (2) if the Virtual Currency or Micro-Game Credits were awarded in error; (3) if a payment for Virtual Currency or Micro-Game Credits is charged back or otherwise cancelled or reversed; or (4) if you have used Virtual Currency or Micro-Game Credits to conduct any fraudulent or illegal activity.
PBPS reserves the right to restrict access to or delete Items: (1) if you have misused the Items or breached any of these terms and conditions; (2) if the Items were purchased using Virtual Currency or Micro-Game Credits awarded in error; or (3) if a payment for Virtual Currency or Micro-Game Credits used to purchase the Items is charged back or otherwise cancelled or reversed. In addition, Items that have been acquired by the redemption of Virtual Currency or Micro-Game Credits may expire after a period of time, which by default shall be twelve months from acquisition. In addition, Items may have particular restrictions, or be consumed or extinguished in the course of your use of a PBPS Product.
WE MAY AT ANY TIME DECIDE TO END IN PART OR ITS ENTIRETY THE VIRTUAL CURRENCY OR MICRO-GAME CREDITS PROGRAM FOR ALL OR ANY OF OUR PBPS PRODUCTS. BEFORE WE DELETE THE UNUSED VIRTUAL CURRENCY OR MICRO-GAME CREDITS, WE WILL ENDEAVOUR TO CONTACT YOU TO GIVE AT LEAST FOUR WEEKS TO REDEEM THEM.
IF YOUR ACCOUNT FOR A PBPS PRODUCT REMAINS DORMANT (I.E. IS NOT USED) FOR MORE THAN 12 MONTHS, AND THERE IS UNREDEEMED VIRTUAL CURRENCY OR MICRO-GAME CREDITS ASSOCIATED WITH YOUR ACCOUNT, WE MAY CHOOSE TO CREDIT YOUR ACCOUNT WITH ITEMS OF EQUIVALENT VALUE FOR THIS EXPIRED VIRTUAL CURRENCY OR MICRO-GAME CREDITS. WE WILL ENDEAVOUR TO CONTACT YOU BY EMAIL PRIOR TO SUCH ACTION BEING TAKEN.
15. REFUND POLICY
We are happy to review requests for refunds on a case by case basis. However, refunds are not always possible to give for many reasons.
Unless required by law, we will not refund any amounts paid in relation to subscriptions, Micro-Game Credits, or Virtual Currency when:
You have been banned from a PBPS Product for violating these terms and conditions, any rules of a PBPS Product or the user content policy.
PBPS stops offering the PBPS Product or you decide to cancel your subscription or account.
If, after reading the above, you wish to request that we consider a refund, then please visit the Support section of the applicable PBPS Product website for assistance, providing as much information as possible. Please note, refunds are given at the sole discretion of PBPS.
Please also review our "Cancellation Policy" which can be found by clicking here, which is incorporated into these terms and conditions.
16. FUNCTIONING OF PBPS PRODUCTS
We will use reasonable endeavors to maintain operation of PBPS Products and rectify faults as quickly as possible. PBPS reserves the right to modify, including by way of regular updates, the PBPS Products and we may have to suspend operation of a PBPS Product without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside our reasonable control.
We cannot guarantee that PBPS Products will work with any particular computer equipment or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services.
Minimum technical specs and compatibility information is available on the websites of the PBPS Products. We cannot guarantee the ongoing supply of any particular PBPS Product.
17. THIRD PARTY SITES AND TECHNOLOGIES
ALL SECTIONS OF THIS AGREEMENT ARE IMPORTANT, BUT APPARENTLY SOME PARTS ARE MORE IMPORTANT THAN OTHERS. THEREFORE, A STRANGE TRADITION HAS DEVELOPED WHEREIN CERTAIN PARTS OF CONTRACTS AND AGREEMENTS ARE TYPED IN ALL CAPS TO BE APPARENT AND CONSPICUOUS. MODERN DIGITAL ETIQUETTE WOULD INDICATE THAT ALL CAPS MEANS WE’RE YELLING AT YOU. BE ASSURED WE’RE NOT YELLING AT YOU, AS YOU’RE PROBABLY A VERY ADEQUATE PERSON WHO SHOULD NOT BE YELLED AT. WE JUST WANT TO MAKE SURE THAT YOU READ THIS VERY IMPORTANT SECTION. (Also, be sure to read all the sections of this Agreement.)
PBPS PRODUCTS MAY INCLUDE LINKS TO INTERNET SITES OR OTHER TECHNOLOGIES SUPPLIED BY THIRD PARTIES INCLUDING SITES/TECHNOLOGIES WHICH ENABLE YOU TO PAY BY MEANS OF PAYMENT METHODS PROVIDED BY THIRD PARTIES. WE MAKE NO PROMISES ABOUT THOSE SITES OR THEIR CONTENT, PRODUCTS OR SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL.
ANY THIRD PARTY SITES OR TECHNOLOGIES SUGGESTED ARE NOT ENDORSED, CONTROLLED OR VERIFIED BY PBPS. PBPS DOES NOT GUARANTEE THAT ANY SUGGESTED TECHNOLOGIES WILL WORK ON YOUR COMPUTER OR BE VIRUS FREE. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND PBPS IS NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THE SUGGESTED SITES OR TECHNOLOGIES. PBPS WILL NOT PROVIDE SUPPORT FOR ANY SITES OR TECHNOLOGIES WHICH ARE NOT ITS OWN. PBPS EXERCISES NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED SITES OR TECHNOLOGIES.
18. LEGAL RESPONSIBILITY
PBPS PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE A PBPS PRODUCT AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT A PBPS PRODUCT WILL BE UNINTERRUPTED OR FREE OF ERRORS. ACCORDINGLY, PBPS IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OF THE PBPS PRODUCT OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE PBPS PRODUCT.
PBPS EXPRESSLY DISCLAIMS LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES OR AGENTS IN CIRCUMSTANCES WHERE (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES OR AGENTS; (B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR (C) SUCH LOSS OR DAMAGE RELATES TO A BUSINESS. BY USING A PBPS PRODUCT OR SERVICES OFFERED BY PBPS, YOU AGREE TO WAIVE ANY LEGAL DUTY OF CARE OWED TO YOU BY PBPS, TO THE MAXIMUM EXTENT ALLOWED BY LAW.
THE MAXIMUM LIABILITY OF PBPS TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH A PBPS PRODUCT OR THESE TERMS SHALL NOT EXCEED THE AMOUNT THAT YOU PAID TO PBPS DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION AROSE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT PBPS'S LIABILITY FOR ANY LOSS OR DAMAGE, TO THE EXTENT THAT SUCH LIABILITY CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.
YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF A PBPS PRODUCT.
NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
19. GENERAL
These terms and conditions and any document incorporated by reference constitutes the entire agreement between the parties with respect to its subject matter and supersedes any previous terms and conditions between the parties in relation to such matters.
The limitations, exclusions and restrictions in these terms and conditions shall inure to the benefit of PBPS's licensors, successor and assigns.
Headings above are for guidance only and not binding.
If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion.
If any provision of these terms and conditions is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect.
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement.
These terms and conditions are governed by Canadian law and any dispute connected with them or PBPS Products will be decided only by the courts of Canada.
You agree that PBPS may transfer your information from the country in which you are using the PBPS Product to Canada. Also, bonjour/gutentag/nei ho/jambo/hola, neighbor.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on a PBPS Product will govern the items to which they pertain. However, additional terms shall not supersede this Agreement if in conflict.
PBPS reserves the right to revise this Agreement at any time, by updating this posting, with no further notice to you.
20. COMPLAINTS
If you are dissatisfied with this website or any aspect of it, please contact us via the customer support section of the PBPS Product website. If you are unhappy with the outcome of your complaint, please write to our registered office above providing us with the following information: your name, username, email address, the full details of your complaint, PBPS’s previous response to your complaint and why you disagree with the outcome. Please mark the letter for the attention of the “Customer Support Complaints Team” or info@pixelbypixelstudios.